CLADD v. STATE

No. 59113.

398 So.2d 442 (1981)

Leroy Franklin CLADD, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

April 30, 1981.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Michael E. Raiden and Douglas A. Lockwood, Asst. Public Defenders, Bartow, for petitioner.

Jim Smith, Atty. Gen., Charles Corces, Jr., Asst. Atty. Gen., Tampa, and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for respondent.


ALDERMAN, Justice.

The sole issue presented for review is whether a husband, who is physically but not legally separated from his wife, can be guilty of burglary when he enters premises, possessed only by the wife and in which he has no ownership or possessory interest, without the wife's consent and with intent to commit an offense therein. The District Court of Appeal, Second District, answered this question in the affirmative in the present case

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